Miami Criminal Defense Blog

Former nurse facing federal drug charges narrowly avoids prison

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Sunday, November 18, 2018.

A woman in Utah whose legal case attracted national attention because of its relationship to America's drug crisis barely avoided jail after recently violating the terms of her bail.

The former nurse is accused of stealing powerful painkillers away from patients under her care in order to feed her own addiction. At times, she even used the same needles she used on herself on patients. In the process, she infected at least seven patients in the hospital with an uncommon variety of hepatitis C that she carries. Officials believe she also exposed more than 7,000 patients to the disease between 2012 and 2014.

Most Floridians convicted of a felony win the right to vote

On behalf of Frank A. Rubino, Esq. on Wednesday, November 14, 2018.

More than 1 million Floridians will now be able to vote thanks to approval of Amendment 4. The amendment restores voting rights to people convicted of felonies, who have finished their sentences. Only those convicted of murder or felony sex offenses will remain ineligible in Florida.

Who can get into trouble for insider trading?

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Tuesday, November 13, 2018.

Insider trading is illegal, and it can land you in federal prison. So why would anybody risk it?

Maybe some people don't believe they'll get caught if they're careful. Others, however, don't realize that what they're doing is illegal -- especially if they're not an industry insider.

Know how to handle a white collar criminal investigation

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Thursday, November 8, 2018.

There's no real way to predict whether you'll ever be involved in a white collar criminal investigation. Even if you don't do anything wrong, you could still end up in an investigator's sights if you're connected on a personal or professional level to someone who did do something wrong.

That's why everyone should know how to handle themselves if they're ever interviewed by law enforcement authorities. Here are the main things you need to remember:

Immunity when you're a witness for the prosecution

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Friday, November 2, 2018.

What does it mean when a prosecutor offers you immunity in exchange for your testimony about a crime or a potential crime?

It depends. Generally speaking, the prosecutor may offer you transactional immunity or use immunity. The difference between them is significant.

What are the signs that your spouse is a drug addict?

On behalf of Frank A. Rubino, Esq. posted in drug charges on Tuesday, October 23, 2018.

Could your spouse be suffering from a drug addiction without your knowledge?

Responsible adults with families are just as likely to become victims of drug addiction as anyone else. A back injury at work or an extended arthritis flair-up that requires painkillers can start an otherwise stable individual down the dark road of addiction fairly fast.

Government issues warnings about fake threats

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Thursday, October 18, 2018.

The Federal Bureau of Investigation (FBI) wants people to know that fake threats and hoaxes targeting public buildings and private citizens can lead to very real prison sentences.

Using the hashtag #ThinkBeforeYouPost as a way to spread the word, the FBI has started a campaign to educate people about the consequences of hoax threats. Such threats about bombs, hostage situations and other violent acts cost thousands in taxpayer dollars and divert law enforcement resources away from other matters. In addition, they sometimes cause emotional harm to victims and put law enforcement officers in danger.

SEC alleges Tesla’s Elon Musk committed fraud

On behalf of Frank A. Rubino, Esq. on Tuesday, October 16, 2018.

The Securities and Exchange Commission (SEC) alleges that when Tesla CEO Elon Musk tweeted he had secured funding to take the company private, he committed fraud.

The SEC states this tweet was a lie because Musk had not actually secured funding. The commission also alleges he did not properly notify regulators of these events.

Protect yourself: Invoke your rights clearly and completely

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Thursday, October 11, 2018.

Most people know that they have the right to remain silent during an interrogation by the police. It's guaranteed by the Fifth Amendment to the Constitution.

Unfortunately, not many people understand that they have to invoke that right clearly and completely in order to really be protected.

Silence is your best defense during a federal investigation

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Friday, October 5, 2018.

You can find out that you're the target of a federal investigation a number of different ways. One way is hearing from friends, colleagues and business associates that they've recently been interviewed by investigators or asked to give a statement about your activities.

If you're shocked and upset, that's understandable, especially if you believe that you've done nothing wrong and have nothing to hide. Unfortunately, those feelings sometimes lead people to make serious mistakes that end up hurting their chances of coming through the process unscathed.